Bombay High Court
Case BriefsHigh Courts

The Court considered the aspect of better company and care, wherein it evaluated the parties’ living arrangements, schedules and availability to cater to the children. The husband due to his business engagements could not have catered to the needs of the children, unlike the wife who was not working at stayed at home.

Delhi High Court
Case BriefsHigh Courts

“The Court said that even though the petitioner’s conduct in jail was ‘unsatisfactory’, he had already been punished for the offences committed in the prison and had already atoned for them.”

Allahabad High Court
Case BriefsHigh Courts

The issue of “obscenity or indecency per se” will not arise until or unless there is evidence on record to see that a person at a given time witnessing particular obscene act is actually annoyed or not.

Delhi High Court
Case BriefsHigh Courts

The Court stated that the only test to be applied at the stage of framing of the charge is whether there is sufficient cause made out by the prosecution to proceed against the accused.

Allahabad High Court
Case BriefsHigh Courts

“Hindu Marriage Act, 1955 merely provides saptpadi as an essential ceremony of a Hindu marriage and it does not provide that the ceremony of kanyadan is essential for solemnization of a Hindu marriage”

misbranding
Case BriefsSupreme Court

“The punishment under PFA and the penalty under the FSSA cannot be imposed on the violator for the same misbranding because it will amount to double jeopardy, which is prohibited under Article 20(2) of the Constitution of India.”

three new criminal laws
Op EdsOP. ED.

The President gave assent on 25-12-2023 to the new criminal laws.

attending circumstances
Case BriefsSupreme Court

Supreme Court noted that there are multiple FIRs that have been registered over a period, thereby attracting the issue of wreaking vengeance out of private or personal grudge as alleged.

kerala high court
Case BriefsHigh Courts

“The attempt should be to assimilate the required details and reach the correct conclusion at the earliest, rather than mulling over mundane objections.”

solving a paradox
Op EdsOP. ED.

by Shubham Priyadarshi†

crpc sec 41
Law made Easy

Can police officers arrest a person without reason? The answer is ‘NO’ and the explanation is provided in the blog below with an attempt to make the law easy and understandable.

chargesheet without complete investigation
Case BriefsSupreme Court

The right of default bail under Section 167(2) of the CrPC is not merely a statutory right, but a fundamental right flowing from Article 21 of the Constitution of India, observed the Supreme Court.

Orissa High Court
Case BriefsHigh Courts

The officers on duty cannot be subjected to undue harassment in the hands of unscrupulous litigants, to prevent malicious prosecution provisions such as Section 168 of the Electricity Act, 2003, are put in place.

robust prosecution case
Case BriefsSupreme Court

While granting benefit of doubt to accused, the Supreme Court stated that “Taking into consideration the delay in lodging the FIR, with the circumstance of their names not being mentioned in the contemporaneous documents, the possibility of the said accused being falsely implicated cannot be ruled out.”

Transit Bail – Statutory Right or Judicial Innovation?
Experts CornerShardul Amarchand Mangaldas

by Karan Joseph† and Anish John††
Cite as: 2023 SCC OnLine Blog Exp 16

Op EdsOP. ED.

by Yogendra Kumar Srivastava† and Ankit Singh††

Madras High Court
Case BriefsHigh Courts

While quoting “Can the blind lead the blind? Will they not fall into a pit?”, the Madras High Court said that the first blind person in this case is the Sessions Judge, who was guiding the Magistrate, who was also blind, due to ignorance of the legal position and ultimately, both fell in a pit, leading to illegal and non est orders passed by the Magistrate.

Administratively Steered Mechanism
Op EdsOP. ED.

by Pooja Rajawat† and Jayam Jha††

Op EdsOP. ED.

by Murali Karnam† and Trijeeb Nanda††

Case BriefsSupreme Court

The accused had argued that the complainant and her family, out of ill will, had orchestrated the complaint and were extorting the petitioner for their own means and benefits. Rajasthan High Court, however, did not appreciate the fact that the previous complaints filed by the prosecutrix was closed on account of being frivolous and a closure report was also filed in the matter.